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2026-07-06 10:51:44 -04:00

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LegalText 16 U.S.C. § 6554 Applied silvicultural assessments us united_states_code code_section 16 CONSERVATION 84 HEALTHY FOREST RESTORATION 6554 16 U.S.C. § 6554 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s6554 data/legal/raw/us/code/title-16/usc16.xml ae82bc1cb9ede8b537957668e813978dc41c15696cee9823da7a12779734c22c 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 274827ec119ccb17f70642dd6ad96ccca0acf5265cfc0db718e6dd0221872791 2026-07-04 official
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16 U.S.C. § 6554 - Applied silvicultural assessments

Text

(a) Assessment efforts For information gathering and research purposes, the Secretary may conduct applied silvicultural assessments on Federal land that the Secretary determines is at risk of infestation by, or is infested with, forest-damaging insects.

(b) Limitations (1) Exclusion of certain areas Subsection (a) does not apply to—

(A) a component of the National Wilderness Preservation System;

(B) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;

(C) a congressionally-designated wilderness study area; or

(D) an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan.

(2) Certain treatment prohibited Nothing in subsection (a) authorizes the application of insecticides in municipal watersheds or associated riparian areas.

(3) Peer review (A) In general Before being carried out, each applied silvicultural assessment under this subchapter shall be peer reviewed by scientific experts selected by the Secretary, which shall include non-Federal experts.

(B) Existing peer review processes The Secretary may use existing peer review processes to the extent the processes comply with subparagraph (A).

(c) Public notice and comment (1) Public notice The Secretary shall provide notice of each applied silvicultural assessment proposed to be carried out under this section.

(2) Public comment The Secretary shall provide an opportunity for public comment before carrying out an applied silviculture assessment under this section.

(d) Categorical exclusion (1) In general Applied silvicultural assessment and research treatments carried out under this section on not more than 1,000 acres for an assessment or treatment may be categorically excluded from documentation in an environmental impact statement and environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2) Administration Applied silvicultural assessments and research treatments categorically excluded under paragraph (1)—

(A) shall not be carried out in an area that is adjacent to another area that is categorically excluded under paragraph (1) that is being treated with similar methods; and

(B) shall be subject to the extraordinary circumstances procedures established by the Secretary pursuant to section 1508.4 of title 40, Code of Federal Regulations.

(3) Maximum categorical exclusion The total number of acres categorically excluded under paragraph (1) shall not exceed 250,000 acres.

(4) No additional findings required In accordance with paragraph (1), the Secretary shall not be required to make any findings as to whether an applied silvicultural assessment project, either individually or cumulatively, has a significant effect on the environment.

(Pub. L. 108148, title IV, § 404, Dec. 3, 2003, 117 Stat. 1910.)

Notes

Editorial Notes

References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (d)(1), is Pub. L. 91190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.